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HomeMy WebLinkAbout01-05-1959Record of. Official Proceedings of the'Comn'ion Council of -the..City of Rochester, Minn.,. January 5, 1959 64Z I I I 40 Minutes of a meeting of the Common Council of the City of Rochester, Minnesota held in the Council Chambers, in the City Hall, in said City, on January 5th, 1959. President Kamm called the meeting to order at 2:00 o'clock P. M., the following members being present: President Kamm, Aldermen Haas, Hanlon, McGuckin, Tingley, Morris and Wilkus. Absent: None. Upon motion by Morris, second by Tingley, the minutes of the meeting of December 15th, 1958 were approved. A letter from Richard A. Miller, Secretary of the Rochester Fire Department Relief Association., requesting permission to grant a loan in an amount of $4,500.00 to Wendall Bas's", a member of the Rochester Fire Department on property located at 1522 4th Avenue Northwest was read. Alderman Haas, Chairman of the Internal Affairs Committee, verbally reported that he had viewed the property and recommended that the loan be granted. A motion was made by Haas, second by Morris, that the request be granted. All voted in,favor thereof. A letter from James J. Macken, Jr., Chief of Police, requesting permission and author - ization to send Carl J. Briese, Arnold C. Anderson, Dean Lent and Joseph L. McDermott to an Institute for taw Enforcement Officers Dealing with Juvenile Offenders on January 19, 20 and 21, 1959 at the University of Minnesota, Center for Continuation Study at City expense was read. A motion was made by Hanlon, second by Tingley, that the four officers be authorized to attend the Institute at City expense. A-11--.voted in favor thereof. A letter from Mrs. Howard Burchell regarding the problem of securing pool time for the Girls Swimming,Program of Rochester Swimming Association was read. A motion was made by Haas,1 second by McGuckin referring the matter to the Mayor's Recreational Committee. All voted in favorl thereof. A letter from the State of Minnesota, Water Pollution Control Commission, approving plans submitted for sewerage facilities in Northgate Second Addition was read. President Kamm ordered the same to be placed on file. A letter from James V. Moon., Superintendent of The Rochester Public Schools, stating they would like to cooperate with the City in obtaining safety signals at the Chicago Northwesterni Railroad crossings in the Northwest section of the City was read and President Kamm ordered the same placed on file. A letter i from Murray,, Drake and Towey requesting a second reading for the annexation of the East 750 feet of the Rabehl farm was read and President Kamm ordered same placed on file. A letter.to Governor Freeman from Judge Eckholdt offering his resignation as Judge of Municipal Court due. to ill health to be effective December 31st, 1958 was read. President Kamm ordered the letter filed. A motion was made by Haas, second by Hanlon, instructing the City Attorney to prepare axesolution in recognition of his services to the City of Rochester. A notice from the Railroad and Warehouse Commission of ahearing to be held in the Council Chambers of the City Hall on Thursday, January 15th, 1959 at 9:00 o'clock A. M. to into conditions of investigate/the crossings at Eleventh Avenue and Sixth Avenue Northwest. President Kamm ordered 0 6.48 Record of Official Proceedings of the'Common Council of the City of Rochester, Minn.. January 5, 1959 OSWALD PUBLIBHINO CO., NEW ULM,44INN. 5195 the same placed on file. Notice of.claim of injury in the amount of $10,100.00 to Ida Mae Fischer resulting from a fall on the sidewalk on 11th Avenue Southeast between 4th Street and 6th Street Southeast, was read., (This claim had previously been filed). Upon motion by Wilkus, second by Tingley the same was referred to the City Attorney. A letter from Rochester West Company submitting for approval the final plat of Country Club Manor Fifth Addition was read. A motion was made by Tingley, second by Haas, referring the plat to the Planning Commission and the Planning Director. All -voted in favor thereof. The petition of Stanley C. Mohn, Carlton Penz, Virginia Barte ( I and George Bartel re- questing that a variance in the Zoning Ordinance be made to permit a garage, located at 19th Avenue and 17� Street Northwest (Sunset Terrace First Addition) to remain at its present location was read. It was located by error,.too close to the property line. Alderman Hanlon moved that the matter be referred to the Zoning Board. Mr. Charles Dornack of the inspection department tald the Council that this building was a duplex located on Lot I,. Block 13 Sunset Terrace. The owner was told by -the Building Inspector that the garage was located too close to the property line and that they should buy an additional piece of land to erect the'garage on and at its present location. that -a permit would not be issued for the completion of this garage/. He further stated this was definitely a violation of the Zoning ordinance and that the request be denied. After further discussion it was thought that the recommendation of the Building inspector should be followed and Alderman Hanlon withdrew his original motion referring the matter to the Zoning Board and then moved that the request be denied. Alderman McGuckin seconded the motion. Mr. Tom Moore, Planning Director, stated that this was a matter for the Zoning Board but the Council could at this time deny it if they so desired. President Kamm called for a Roll Call vote on the motion and all voting "no" President declared the motion lost. A motion was then made by Haas, second by Hanlon referring the above matter to the Zoning Board. Upon Roll Call and all voting in favor thereof, President Kamm declared the motion carried and the said petition was referred to the Zoning Board. A letter from the Northwestern National Bank stating that they had escrowed $82,673.01 to cover the owners' cash contribution toward the cost of construction of watermains, storm sewer, sanitary sewer, water and sewer service connections, base constructions and bituminous surfacing of streets in Northgate Second Addition to the City of Rochester -,distribution of these funds to be made on demand by the City of Rochester was read. President Kamm ordered the said letter filed. A letter from Mayor Alex P. Smekta submitting for approval as certified to him by the Police Civil Service Commission to the position of probationary patrolmen on the Rochester Police Department the following: Mr. Robert Mensing, 1107 12th Avenue Northwest; Mr. Jerald Williams, 516 3rd-Street Northwest; Mr. Arthur Fein, 304 M2- Avenue Southwest and Mr. John Laivell of 1309 13th Avenue Northeast was read. These men to report for.duty on January 12, 1959. Upon motion by Tingley, second by Morris and all.voting in favor thereof the appointments were confirmed. iA -,letter from R, L.-Roberts,.Vice-President.of-the First National Bank, requesting the 1. 0 I I 0 I 0 Record of Official Proceedings of� the- Common Council of Ahe _-Cit Rochester,,.Minn.,, - January; 5, 1959: y of I 11 I designation of the alley behind the First National Bank Building as "One Way" with entry off First Avenue Southwest and exit on to Second Avenue Southwest was read. Upon motion by Hanlon, second by Wilkus and all voting in favor thereof, the matter was referred to the Mayor's Pa'rking and Traffic Committee and the Security Committee for study and possible recommendation. A letter from Norman J. Kuyath, Realtor, regarding unpaid utility bills on a home he 'sold at 821 - 13th A�enue Southeast belonging to John Z. Miller was read. A motion was made by Alderman Haas, second by Alderman Morris referring the letter to the Public.Utility Board. All voted in favor thereof. The recommendation of the Board of Zoning that the petition of Sam McConnell and F. 0. Fitting to have a piece of property located just South of the railroad track between llth Avenue and 9th Avenue Northeast (as previously petitioned for) from a residential to an industrial zone be granted was read. Mr. Tom Moore, Planning Director, stated that there was no access to this proper except by an alley running West from Ilth Avenue Northeast whic�-he felt could cause trouble. A motion was made by Haas, second by Wilkus setting a hearing on the above zoning change for 7:30 P. M. on February 2nd, 1959. Alf voted in fav*or thereof except Alderman Hanlon who voted "no". The recommendation of the Board of Zoning that the petition of Arden -Schultz, Loretta Schultz, Carlos F. Ellis, Lenora S. Ellis, Emil G. Pelinka and Jean G. Pelinka to have Lots 1, 2 and 3 in Block I and Lots 1, 2 and in Block 2 all in Belt Line Subdivision changed from a residenitial to a commercial zone be granted was read. Mr. Art Swan, Attorney for the petitioners, was present and again urged the approval of this petition. He reviewed t�e fact that when this property became surrounded by the City and was forced into the City by annexation, they were given the understanding that the property would remain commercial as it originally was in the County. But under the present zoning ordinance when property is annexed it automatically comes into the City a's residential. A motion was made by Wilkus that a hearing be set for February 2nd, 1959 at 7:30 P. M. to hear people interested in the change of zoning of this property. Alderman Tingley seconded the motion and.'upon roll call and all voting in favor thereof except Aldermen Hanlon and Morris who -voted "no".. President Kamm declared the motion carried and a hearing was set for 7:30 P. M. on February 2, 1959. President Kamm declared a recess at 3:00 o'clock P. M. The meeting was called to order at -3: 30 P. M. The recommendation of the Security Committee that the application of Harold J. Maile for 3.2 "on sale" and f1ofi sale" non -intoxicating malt liquor license at 917 North Broadway be granted was read. Upon motion by Tingley, second by Morris, the recommendation was accepted.and the license was granted. All voted in favor thereof. The matter of the change of zoning,of the following described property from a residential to a commercial zone was again brought up and uponmotion by Haas, second by Ting'ley, and all voting in favor thereof, a hearing was set for February 2nd, 1959 at 7:30-P. M.: The West 38 feet of Lots 6, 7 and 10, Block 36 Morse & Sargeant"s Addition (616 4�h St. S.E. and Commencing at the Northeast corner of Lot 9, th. W. 561,.South 91 feet?,.Southeast to a point 120 feet South of beginning, th. North to beginning in Block 36 Morse and-Sargeant's Addition (610 4th Street Southeast). 0 Record of. Official Proceedings of the Common Council of the City of Rochester, Minn., -january 5, 1959 OBWALD PUBLISHING CO., NEW ULM, MINN. The matter of the proposed change of zoning of Lot 4, Block 23 Northern Addition (815 North Broadway) from a residential -to a commercial zone; and the proposed change of zoning of Lot 1,. Block 36 Northern Addition (1102 North Broadway) from a residential to a commercial zone tabled at.a meeting of the Common Council held December 15th, 1958 were again brought up. No. action was taken. The matter of amending -the sewer service rates which had previously been referred to the Council as a whole -was discussed. Mr. Russell C. Andrews suggested approval of the sewer rates as suggested by the Committee consisting of Walter Hogenspn,-A. J.. Lentfer and Archie Armstrong which recommended certain changes in sewer service rates and establishment of rates for commercial garbage disposal units. A motion was made by Tingley, seconded by Wilkus that the recommendation be approved and the City Attorney be instructed to draft.ordinances to amend certain ordinances (namely Ordinance No. 879 and 964). All voLted-in favor thereof. The applications of the Rochester Yellow Cab Corporation for 27 Taxi -Cab Automobile Licenses and the Vet's Blue and White Cabs for 10 Taxi -Cab Automobile 11censes were each read. Upon -motion by Tingley, second by Wilkus and all voting in fayor thereof the licenses were granted. The application of Albert H. Meyers for a cigarette license was read. Upon motion by Tingley, second by Morris, the license was granted. All voted in favor thereof. - The application -of Littrup Nielson for a Sewer and Drain Layer's License was read. Upon motion by Tingley seco nd by McGuckin and all voting in favor thereof, the license was granted. The application of Ben Sternbergfor a dance -permit was read. Upon motion by Hanlon second by Tingley and all voting in favor thereof, the license was granted. The..license bonds of Littrup Nielson and Harry McNeilus each in the amount of $1,000.00 with the Western Surety Company as surety were each read and the license bond of The Sanitary Company in the amount of $1,000.00 with the Aetna Casualty and Surety Company as surety was also read. Upon motion by Tingley, second by McGuckin, the bonds were approved, the surety thereon was accepted and the same were ordered placed on file. The official bond of A. M. Ackerman in the amount of $50,000.00 with the Western Surety Company as surety was read. Upon motion by Tingley, second by Wilkus, the bond was approved, the surety was accepted and the same was ordered placed on file. The -reports for the month of November, 1958 of the Building Inspector showing collected for building permits issued $1,080.00; of the Electrical Inspector showing collections in the amount of $360.25 for electrical permits issued; of the Plumbing Inspector showing collections in theanount of $41.25 for plumbing permits issued; and fees collected for sign pemits,$15.64 were each read and the same were ordered placed on file. The reports of the Clerk of the Municipal Court for the week ending December 12th, 1958 showing total criminal -fines and costs collected and ci vil fees received $2,547.00 and total remitted to,City Treasurer $2,547.00; for the week ending December 19th, 1958 showing total criminal -fines and costs collected and civil fees received $2,515.45 and total remitted ...to the City Treasurer $1,277.25; for the week ending Deaember 26th, 1958 showing,total criminal Record of Official: Proceedings of the Com'mon Council of the- City.- of-- Rochester,. Minn., January 5, 1959- I I 0 I fine-s and costs collected $1,496.00 and total remitted to the City Treasurer $839.80,w�ere each read and having been approved by the City Attorney, President Kamm ordered the same placed on file. The following claims were -each read and upon motion by Tingley, second by Hanlon, the same wereapproved and the Mayor and City Clerk were authorized and directed to draw warrants upon the City Treasurer and make payments accordingly*. From -the General Fund: The Mayo Clinic, $175.00; St. Mary's Hospital $118..15; C. Leslie Gray, $15.00; Dave -Starr, Orange.County,.Florida, $9.00; Albinson, Inc., $54.28; R. C. Andrews, 1 $13.75; C. A. Armstrong, $30.00; Robert R. Blakley, $60.00; Marie Bolton, $32.25; Borchert Ingersoll $61.35; Borcher t Ingersoll, Inc., $8.94; Burroughs Division, $20.80; William L. Burrows, $40.13; Charles Campbell, $68.81; John B. Carney, $48.05; Cooperative Oil Company, $49.50; C. A. Cottingham $67.60; Charles-H. Dornack, $40.50; Austin Dunnigan, $75.00; Mrs. Richard Ferber, $108.90; Fire & Safety, Inc. $90.-16; International Business Machines, Inc., $5.70; The Johnson Company, $8.08; K. M. McGhie,,$72.00; Marvin Law Books, $22.50; The Mayo Clinic, $39-00; Tom Moore,.Reg. of Deeds $2.25; Miller Davis Company, $1.78; Peoples Natural Gas Company, $17.46; Pirates Den Kennets, $45.00; Paul T. Plantz, $39.75; Marvin W. Price $33.75; H. A. Rogers Company, $18.08; State of Minnesota, Department of Highways, $47.34; Garnet Spring, $5.00; Albert Toddie, .,,$5.00; Twin City Testing & Engineering Company, $35.00; Whiting Press, Inc. $1.25; Arnold!s Supply Company, $39.31; Bergstedt Paint Company, $13.20; Dieter'Paper and Marine Supply, $54.44; R. C. Drips Grocer Company, $18.78; Rochester Iron Works, $144.50; Singer Sewing Machine Company, $4.95; F. W. Wollworth Co., $3.57; Ace Hardware Company, $.80; Clements Chevrolet Company, �26.95; Socony Mobil Oil Company, $49.20; Gopher Welding Supply Company, $14.14; From the Street & Alley Fund: Universal Motors Company, $40.00; Peoples Natural Gas,Co., $67.44; Ace Hardware $50.88; Bement Cahill Equipment Company, $42.12; Borchert Ingersoll, Inc., $20.80; Clements Chevrolet Company, $21.73; Fire & Safety, Inc., $15.00; General Trading Company, $122.46; Gopher Stamp and Die Company,:$55.50; Klauer Manufacturing Company, $54.25; Phillippi Equipment Company, $26.77; Public Works Equipment Company, $154.22 and Socony Mobil Oil Company, $86.72. From the Fire Protection Fund: Peoples Natural Gas Company, $66.69; General Trading CompanyJ $27.25; Witte Transportation'Company, $3.65; United Chemical Company, $73.30; Kenneth Stoltenberg 478.90; Pruett's Launderers and Cleaners, Inc.,-$34.04; Nietz Electric and Appliance Company, $2.100� Mine Safety Appliance Company, $1.80.00; The Mayo Clinic, $35.00; M & L Motor Supply Company, $45.00; Linda Supply Company, $39.62; Emmett J. Hand, $100.00; Gopher Welding Supply, $1.75; R. C. Drips Grocer Company, $106.02; The Gamewell Company, $13.70;-Carpenter Manufacturing Company, $4.67; A. C. Biersdorf, $20.00; B & B Auto Body Shop, $28.38; Adair Electric Company, $15.13 and National Bushing and Parts Company, $9.00. From the Police Protection Fund: Beckley Business Equipment Company, $12.93; Clements Chevrolet Company, $14.70; Gophers Shooters Supply, $9.-60; National Bushing and Parts Company, $97i39; 0 & 0 Sporting Goods $4.20; J. C.-Penney, $1.8.83; Reuben A. Reick, $55.00; S. M. Supply 41, Record of Official Proceedings of the Common Council of the City of Rochester, Minn., . January 5. 1959 08WAL0 PUBLIBHING CO., NEW ULM, MINN- 5195 Company, $21.31; University of Minnesota $30.00; Hilman Vang, $15.30; Weber & Judd Company, $2.94; IMr. Gene Williams, Journa-lism Department of Marshall High School, $4.00; and The Woodruff Company, $37.35. From the Sewer Fund: Peoples Natural Gas Company, $27.40; Ace Hardware Company, $18.78; General Trading Company, $2.80; Woodruff Cbmpany, $5.10;'Acton' Construction Company, $10.68; Arnold's Supply Company, $24-50; Continental oil Company, $148.92; Neenah Foundry Company, $19.00; George T, Walker Company, $53.99; 4nd.Water and Sewage'Equipment Company, $16.89. From the Lighting -Fund: City of Rochester, P. U. $56.30. From the Parking Meter Fund: NatIonal Bushing and'Parts Company, $12.07; Magee.Hale Park 0 Meter Company, $91.25; Pa-rking Meter Repair Service, $60.00; Thiem Signs, $15.25; Williams Printing Company, $20.00; and H. Dornai:k & Sons $2.50. From the Park Improvement Fund:.N. W. Bell Telephone Company, $33.65. The claim of Sidney Krogstad of 1625 Third Ave-nue'Ndrthwest for damage to his car in the I* amount of $203.17 restilting from hitting a hole in the.street was read. Upon motion by Haas, second by Tingley the claim was.referred'to the City Attorney. President . Kamm verbally stated -that the Methodist Church had.requested two loading zones in front -of the Church. Upon motion*by Tingley, second by Wilkus, the matter was referred to the Security Committee. The following -resolutions were each introduced and read and.upon motion made and seconded and all -voting in favor thereof, President Kamm declared the said resolutions duly passed and adopted: Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement(s); Paving of 7th Street Northwest between Broadway and llth Avenue Northwest. Upon motion by Haas, -second by Hanlon, resolution adopted. Resolution ordering -a hdaring on the proposed assessment for the following local improvement(s): Paving 6f 7th Street Northwest between.'Broadway and llth Avenue Northwest. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement(s): Grading and surfacing and the construction of a sanitary Sewer, storm -sewer, watermain and service connections in 16th Avenue Northwest in Thomas' First Addition. 'Upon motion by McGuckin.' second by Morris., resolufion adopted. Resolution ordering a hearing on the proposed assessment for the following local improvements(s): Grading and surfacing -and the construction of a sanitary sewer, storm sewer, watermain and service connections in l6th-Avenue Northwest in Thomas' First Addition. Upon motion by Morris, second by Tingley, resolution -adopted. Resolution declaring cost to be assessed and ordering preparation of proposed assessment for the following local improvement(s): Construction of a sanitary sewer, storm sexier, watermain, service connections and finish grading and bituminous surfacing in Cascade Plaza. Upon motion by Tingley, second byWilkus, resolution adopted. Record of Official i.Proceedings of the Comm'o; n Council of the.. City. of -Rochester, Minn., January 5, � 1959' 6 5V'3 I-— I 0 E I Resolution ordering a hearing on the proposed assessment for the following local improvement(.$): Construction of a sanitary sewer, storm sewer, watermain, service connections and finish grading and bituminous surfacing.in,Cascade Plaza.. Upon motion by Wilkus, second by Haas, resolution adopted. Resolution declaring the cost to be assessed and ordering preparation of proposed assess- ment for the following local improvement(s): Construction of a watertower in the Northwest Service Area (Thomas' First Addition) (deferred assessment). Upon motion by Haas, second by Hanlon, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improve- ment(s): Construction of a watertower in the Northwest Service Area (Thomas' First Addition). Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution dedlatingathe cost to be assessed and ordering preparation of proposed assess- ment for the following local improvement(s): Construction of a 1011 watermain to Elton Hills (Lots' 16, 17 & 18, Block 1 and Lot 14, Block 2 Thomas' Ist Addition) (deferred assessment). upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution ordering a hearing on the proposed assessment for the following local improve- ment(s): Construction of a 10" watermain to Elton Hills .(Lot 16, 17 and 18, Block I and Lot 14, Block 2 Thomas' lst Addition). Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution granting a public dance permit to Ben Sternberg. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution accepting the bid of Carlisle G. Fraser, Inc. for the following local improvemeT Construction of a sanitary sewer, watermain, storm sewer, house service connections, finish grading and surfacing of all streets in Northgate Second Addition. Upon motion by Wilkus, second by Morrisj resolution adopted. Resolution authorizing the Mayor and City Clerk to execute a contract with the Northern Natural Gas Company, for furnishing of gas for space heating at the New Sewage Disposal Plant. Upon motion by Morris, second by Tingley, resolution adopted. Resolution authorizing A. M. Ackerman, Elfreda. Reiter and J. Calvin Haas to have access to the Safe Deposit Boxes at the First National Bank of Minneapolis, Minnesota. Upon motion by Tingley, second by Hanlon, resolution adopted. Resolution authorizing A. M. Ackerman City Treasurer to have aiccess to the Safe Deposit Boxes at the First National Bank of Rochester. Upon motion by Wilkus, second by McGuckin, resoluti. adopted. Resolution substituting change of collateral given by Olmsted County Bank and Trust Company of Rochester, Minnesota. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution accepting the plat to be known and designated as Rolling Greens Third Addition. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $7,002.43 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Morris, second by Tingley, resolution adopted. 0 654' Record of. Official Proceedings of the Common Council of the City of Rochester, Minn. January 5, 1959 OSWALD PUBLISHING CO., NEW ULM, MINN. 5195 Resolution appropriating $7,967.81 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by Hanlon, resolution adopted. Resolution appropriating $2,284'.18 from the P. I. R. Fund and ordering payment made to Carlisle G. Fraser, Inc. Upon motion by Wilkus, second by McGuckin, resolution*adopted. Resolution appropriating $7,679.13 from the P. I. R. Fund and ordering payment made to Leon Joyce. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $1,728.05 fkom the P. I. R. Fund and ordering payment made to Leon Joyce. Upon motion by McGuckin, second by Morris, resolution adopted. Resolution appropriating $5,275.09 from the P. I. R. Fund and ordering payment made to Gjellefald Associates, Inc. -Upon motion by Morris, second by Wilkus, resolution adopted. Resolution appropriating $1.866.30 from the P. I. R. Fund and ordering payment made to E. C. Bather Associates. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $4,044.80 from the P. I. R. Fund and ordering payment made to DeGideo Stein'Venture. Upon motion by Tingley, second by Wilkus, resolution adopted. Resolution appropriating $405.70 from the Street and Alley Fund and ordering payment made to Leon Joyce. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution appropriating $9,070.00 from the Fires Protection Fund and ordering payment made*to Public Utility Department. Upon motion by Hanlon, second by'Tingley, resolution adopted. Resolution appropriating $1,000.00 from the Lighting Fund and ordering payment made to Naegele Sign Company. Upon motion by Wilkus, second by McGuckin, resolution adopted. Resolution appropriating $4,315.92 from the Parking Meter Fund and ordering payment made to State of Minnesota Department of Highways. Upon motion by McGuckin, second by Morris, resol- ution adopted. Resolution appropriating $891.15 from the General Fund, $997.94 from the S & A Fund, $561.00 from the Sewer Fund, $295.45 from the Fire Protection Fund, $512.77 from from the Police Protdction Fund and $240.72 from the Parking Meter Fund. Upon motion by Tingley, second by McGuckin, resolution adopted. Resolution appropridting $861.35 from the General Fund,* $380.73 from the S & A Fund, 45.50 from the Sewef Fund, $2.50 from the Parking Meter Fund, $789.58from the Park Improvement Fund and $96.53 from the Lighting Fund and ordering Oayment made to E. A. Danewick Paint Company, $611.35; H. Dornack and Sons, $257.00; Firestone Stores, Inc.; $381.73 and City of Rochester, P. U., $886.11. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution appropriating $1,023.58 from the General Fund, $67.03 from the S & A Fund, $194.42 from the Fire Protection Fund, $1,330.65 from the Sewer Fund, $7,098.58 from the Lighting Fund and $263.04 from the Police Protection Fund and ordering paymdnt made to the City of Rochester, P. u. $9,430.96 and N. W. Bell Telephone Company, $546.34. Upon motion by Hanlon, second by Mc Guckin, resolution adopted.. Resolution appropriating $300.00 from the Generdl Fund and ordering payment made to National Redreation Association. Upon motion by McGuckin, second by Morrii, resolution'adopted. I I I 0 I om- F— Record of - Official Proceedings of the Common Council of the -City of- Rochester, Minn., January 5,.,195 9 I 0 I 0 Resolution appropriating $7,200.00 from the General Fund and ordering payment made to The Kruse Company.,-,-.-.-,,UOon,�'motipnl'by�.!Motris,,,-second by Tingley,.resolution adopted. Resolution accepting conveyance of Lots 4, 5, 6'and 7, Block 9, Homestead addition. Upon motion by Haas, sedond by Tingley, resolution adopted. Resolution authorizing the Mayor and City Clerk of the City of Rochester to execute the contract with Charles R. Hutchinson and Fred L. Sauer relative to placing in escrow the sum of $82,673.01 in part payment of improvements in Northgate Second Addition. Upon motion by Hanlon, second by McGuckin, resolution adopted. Resolution authorizing execution of "Customer's Order" for parts necessary. to repair damaged fire department pumper unit. Upon motion by Hanlon,.second by McGuckin, resolution adopted. An Ordinance Annexing to the City of Rochester, Minnesota, Parts of the Northeast One - Quarter and the Southeast One -Quarter, all in Section Thirty -Two, Township One Hundred Seven North, Range Fourteen West, Olmsted County, Minnesota was given its second reading (E. 750'-of Rabehl Farm). A motion was made by Hanlon requesting the Park Board to ask Rochester West Company for a strip of land to be used as an entrance to Judd Park.' Alderman Haas seconded the motion and all voted in favor thereof. An Ordinance Designating Certain Streets in the City of Rochester to be used by Truck Traffic; providing for enforcement; and prescribing penalties for the violation of its provisions was given its second reading. An Ordinance amending an Ordinance entitled "An Ordinance Regulating the Parking of Vehicles on the Public Streets and Alleys, Providing for the Installation, Maintenance and use of Parking Meters, Creating a Parking Meter Fund, and Providing Penalties for the Violation Thereof" was given its second reading. A motion.was made by Tingley, second by Wilkus, and upon roll call and all voting in favor thereof, the rul-s were suspended and the Ordinance was given its third and final reading. A motion was then made by Tingley, second by Wilk us, that the Ordinance be adopted.as read and all voting in favor thereof, President Kamm declared the ordinance duly 1 passed and adopted. An ordinance establishing minimum standards for plats in the City of Rochester, Minnesota, and providing regulations for the submission bf plats to the Common Council for approval was given its second reading. A motion was'thbn made by Hanlon, second by Tingley, and upon roll call and all voting in favor thereof the rules were suspended and the ordinance was given its third and final reading. A motion was then made by Tingley, second by Wilkus, that the ordinance be adopted as read and all voting in favor thereof, President Kamm declared the ordinance duly passed and adopted. An Ordinance,amending an Ordinance entitled, "An Ordinance granting to the Rochester Yellow Cab Corporation a Franchise to Operate Taxicabs on th6 Streets of the City cE Rochester; Providing rules, regulations and conditions for the conduct -of said taxicab business; providing for 0 6.-.g Record of Official Proceedings of the Common Council of the City of Rochester, Minn. January 5, 1959 OSWALD PUBLISHINDoo., rw ULM, mmm. 5195 the licensing of Taxicabs; Providing Rates of. Fare; and Providing Penalties, -for the Violation Thereof" was given its first reading. A motion was made by Hanlon, s6conded by Tingley that the rules be suspended and the ordinance be given its second reading and upon, roll roll and Alderman Hanlon voting "no" President Kamm declared the motion lost. An Ordinance Amending an Ordinance entitled "An Ordinance Gtantirig-to.Rocabco, Inc., a Minnesota Corporation doing business as Vet's Blue and White Cabs,,a Franchise to Operate Taxicabs on the streets of the City -of Rochester'. providing rules, regulatiohs'.an.d-conditions for the conduct of said taxicab business; providing for the licensing of taxicabs; -providing rates of fare; and providing penalties for the violation thereof" was given its first readi ng.. Upon motion by Haas, second by Tingley, that the rules be suspended and the ordinance.be given its second reading and upon roll call and Alderman Tingley voting'ho" President Ka mm declared the motion lost. An Ordinance annexing to the City of Rochester, Minnesota, a part of the'North One - Half of the Northwest One -Quarter of Section Twenty -Two, Township One Hundred Seven North Range Fourteen West, in Olmsted County, Minnesota (Rolling Greens 2nd Addition) was gi ven its first reading. Upon motion by Tingley, second by McGuckin, that the rules be suspended and the ordinance be given its second reading and upon roll call and Alderman Wilkus vo , ting "no" President -Kamm declared the motion lost. An Ordinance annexing to the City of Rochester, Minnesota,.a.part of the Northeast One - Quarter of Section Thirty -Four, Township one Hundred Seven North Range,F'ourteeh West, in Olmsted County, Minnesota (Highway Addition) was given its first rea dingi Upon'motion by Hanlon, second by Haas that the rules be suspended and the ordinance be given its',secon&reading and upon roll call and Alderman Haas voting "no" President Kamm declared the motion.lost". Upon motion by Hanlon, second by Morris, the meeting was'adjourned until 7:30 P. M. President Kamm called the meeting to order again at 7:30 P. M.-with all: members being present. President Kamm stated this as being the time and place :set.for.a hearing on the follow- ing projects: Hearing on the proposed assessment for. the construction of -a sanitary sewer -and watermain in 21st Avenue Southwest from 3rd Street Southwest to 5th Street Southwest. There -was no one present wishing to be heard. President Kamm declared the hearing officially closed.' Hearing on the proposed assessment for the cons�truction of a storm sewer on 14th Avenue Northeast from 9th to 10th Street Northeast, on 9th Street Northeast from 14ih to 19th Avenue Northeast and on 19th Avenue Northeast from 9th to 10th Street Northeast. There was no one present wishing to be heard. President Kamm declared the hearing officially closed. Hearing on the proposed assessment for the construction of sidewalks at 4 different locations: 1012- Street Southeast; 15k Avenue Northwest 14th to 16th Street Northwest; 15th Avenue Northwest - 14th to 13th Avenue; 14th Avenue Northwest - 14th to 13th Avenue.. There was no one to be heard. President Kamm declared the hearing officially closed.. present wishing Alderman Wilkus introduced the following resolutions which' -were read and upon motion made and seconded and all voting in favor thereof, President Kamm declared the said r.esolution 6.5T Record of Official Proceedings of the Co m'mon Council nuary 5, 1959 of-Ahe City of Rochester, Minn., Ja I 0 I I 0 a I duly passed and adopted:. Resolution levying special assessments for the construction of sidewalks at 4 different locations: 10� Street Southeast; 15-12 Avenue Northwest 14th to 16th Street Northwest; 15th Avenue Northwest -:.�-14th to 13th Avenue; 14th Avenue Northwest 14th to 13th Avenue. Upon motion by Haas, second by Hanlon, resolution adopted. Resolution -levying special assessments for the construction.,of a storm sewer on 14th Avenue,Northeast from 9th to 10th Street Northeast and 9th Street Northeast from 14th to 19th Avenue Northeast and on 19th Avenue Northeast from 9th to 10th Street Northeast. Upon motion by Hanlon, second b,,y.McGu.ckin, resolution adopted. Resolution levying special -assessments for the construction of a sanitary sewer and watermain in 21st Avenue Southwest from 3rd Street Southwest to 5th Street Southwest. Upon motion by McGuckin,.second by Morris, resolution adopted. .", Alderman -Morris introduced the following resolution which was read: RESOLUTION PROVIDING FOR PUBLIC SALE OF $767,000 GENERAL OBLIGATION BONDS, SERIES.B AND $950,000 IMPROVEMENT BONDS, SERIES D. - ­ BE IT RESOLVED by the Common Council of the -City of Rochester, Minnesota: .1..This Council shall meet at the time and place specified,in the form of notice contained herein, for the purpose of opening, receiving and considering sealed bids for and awarding the sale of $1,717,000 negotiable coupon general obligation bonds of the City, comprising $767,000 General Obligation Bonds, Series B, to be issued pursuant to authorization of the electors at the.special election held July 16,'1957, to finance costs incurred and to be incurred on projects for which contract have been awarded or are to be awarded during the current year, in the furtherance of the purposes for which said bonds were voted; and $950,000 Improvement Bonds, Series D, to be issued under and pursuant to Minnesota Statutes, Chapter 429, to finance local improvements whic , h have been contracted and are being contracted at the present time, in anticipation of the levy and collection of.special assessments upon properties benefited by said improvements. . 2. The City Clerk is hereby authorized and directed to cause notice of the time, place.and purpose of said meeting to be published, not less than ten days before the date of said meeting, in the official newsp'-aber of the City and in the Commercial West, at-..Minneapolis,�Minnesotal, and in such other financial papers as shall be deemed desirable and expedient, which notice shall be in substantially the following form: NOTICE OF SALE $1,717,000 GENERAL OBLIGATION BONDS CITY OF ROCHESTER,' MINNESOTA NOTICE IS -HEREBY GIVEN that the Common Council of the City of Rochester, Minnesota will meet at the City Hall in said City on Wednesday -January 28, 1959,., at-7-30 , o'clock P.M;;- to open, receive and consider sealed bids for and award the sale of $1,717,000 negotiable coupon general obligation bonds, comprising $767,000 General Obligation Bonds, Series B authorized by the elctros for,the improvement of the municipal street system and the construction of storm sewers, and to be payable from ad valorem taxes to be 'levied upon all taxable property within the City; And $950,000 Improvement Bonds, Series D, authorized under Chapter 429, Minnesota 'Statutes, to be issued to finance various local improvements for which special assessments are to be levied upon benefited property, and payable primarily.from such special assessments, but supported further by a pledge of full faith,. -credit and taxing powers of t�e City., The bonds of both issues will be dated as of January 1, 1959, will be issued in denomination of $1,000 each and numbered serially, and will bear interest at a rate or rates to be designated by the successful- - -bidder, sub ' ject to approval by the Common Council, expressed in integral multiples of 1/4 or 1/10 of 1% per annum, payable July 1, 1959, and semiannually thereafter on January 1 and July 1 of each year until paid, The General Obligation Bonds, Series B will mature serially, without option of prior payment, on.January 1 in the years and amounts as follows: i Year Amount Year Amount 1960 $ 1969 40,000.00 1961 77,000.00 1970 45,000.00 1962 30,000.00 1971 50,000.00 1963 30,000.00 1972 45,000.00 0 6 5- 6 Record of Official Proceedings -of the Common Council of the City of Rochester, Minn., January 5, 1959 1964 35,000.00 1973 50,000-00 1965 35,000.00 1974 55,000.00 1966 35,000.00 1975 55,000-00 1967 35,000.00 1976 55,000-00 1968 35,000.00 1977 60,000.00 The Improvement Bonds, Series D will mature serially, without option of prior payment) in the amount of $95,000 on January 1 in each of the years 1961 through 1970. The City will furnish and deliver, without cost to the purchaser and within 40 days after said date of sale, the printed and executed bonds and the approving opinion of Messrs,. Dorsey, Ow ' en, Scott, Barber &.Marquart, of Minneapolis, Minnesota together with the.customary closing documents, including a certificate that there is no litigation threatened or pending affecting the validity of the bonds or the power and obligation of the City to levy special assessments and taxes sufficient for their payment, with interest. Delivery will be made at a suitable bank within the State of Minnesota or in Chicago, Illinois, or New York City, New York. Principal and interest on the bonds will be made payable at a bank designated by the purchaser, subject to approval of the Council, and the City will pay the reasonable and customary charges of the.paying agent. Sealed bids marked "Bid for $1,717,000 Bonds" may be mailed or delivered to the undersigned City Clerk. Each bid must be received at her office prior to the time of said meeting and must be unconditional and accompanied by a cashier's or certified check or bank draft in an amount not less than $34,340, payable to the City Treasurer, to be retained by the City as liquidated damages in case the bid should be accepted and the bidder should fail to comply.therewith. Bids will be preferred according to lowest net interest cost computed to the bond maturities, less the amount of any premium offered. Each bond is to bear interest at a uniform rate from date of issue to maturity, but -separate rates may be specified for bonds of different maturities or different issues. No bid of less than the par value of all bonds offered, plus accrued interest thereon, will be considered, and the Council reserves the right to reject any and all bids, to waive any informality in any bid, and to adjourn the sale if deemed expedient. Dated January 5, 1959. BY ORDER OF THE COMMON COUNCIL Elfreda Reiter City Clerk Rochester, Minnesota 3. Each and all of the terms and provisions of the foregoing resolution are hereby adopted as the terms and conditions of said bonds and the sale thereof, as fully as though separatdy set forth and resolved'herein." Alderman Tingley made a motion that the City employ a fiscal agent to handle this bond issue. Alderman Wilkus seconded the motion. Discussion was then held suggesting the use of a fiscal agent on a limited basis as most of the preliminary bond sale work was completed and the bonds should be sold quite soon. A motion was then made by Alderman Haas, seconded by Alderman Hanlon to close debate and vote on the question. Upon roll call and with Alderman Haas, McGuckin and Morris voting "aye" and Aldermen Hanlon, Tingley, Wilkus and Kamm voting "no", President Kann declared the motion lost.- Without objection, Alderman Tingley and Alderman Wilkus were permitted to withdraw the original motion and the second. Alderman Tingley then restated his motion to read as follows: "That the City employ a fiscal agent on a limited basis to be determined by the Internal Affairs Committee to handle this bond issue which the City is now selling.". Alderman Wilkus seconded the motion. R. C. Andrews and Richard V. Ehrick again informed the Council that due to the shortage of time they did not feel that a fiscal agent could render 'effective service for this bond issue. President Kamm called for a roll call vote on the above motion and Aldermen McGuckin and Tingley voting flaye" and Aldermen Haas, Hanlon, Morris, Wilkus and Kamm voting "no", President Kamm declared the motion lost. Record of Official Proceedings- of the Coniznon Council of the. City. of Rochester, Minn., January 5'. 195 . 9' OSWALD PU13LISHING CO., NEW ULM, M-1-NN. 51 5 Alderman Hanlon made a motion that the Internal Affairs Committee review the possibility of securing a bond consultant for advice on the bond issues coming up in the future. Alderman Wilkus seconded the motion. Alderman Tingley stated he would likt to amend this motion to include Ifor fiscal agent'l.so the motion should read: "That the Internal Affairs Committee review the Q0 possibility of securing a bond consultant or fiscal agent for advice in the matter of bond issues lt� - rr in the future." Alderman Hanlon seconded the motion and on roll call and all voting in favor thereof P I resident Kamm declared the motion.carried. There being no further discussion, President Kamm called for a roll,call vote on the main motion as amended and all voting in favor thereof, President Kamm declared the motion carried. Alderman Hanlon then made a motion that the Resolution providing for public sale of 167 ' '000 General.ObligAtion Bonds, Series B and $950,000 Improvement Bonds, Series D be adopted ($767,000 as read including the sale date of January 28th, 1959 be approved. Alderman Morris seconded the m j otion and all voted in favor thereof. The date for sale of bonds was then discussed.. A motion was made by Haas, second by Wilkus.,that the date for reci.eving bids be set at 7:30 P. M. on Januar'-y 28th, 1959. All voted in favor thereof. Upon motion by Hanlon, second by Morris, the meeting was adjourned until January 19th, 1959 at 7:30 P. M. CikClerk